Effective
from 1 August 2003
Churchill Pryce Capital and our affiliates
("Churchill Pryce" or "we") provide our content
on www.churchill-pryce.com
(the "Website") subject to the following terms and conditions
(the "Terms and Conditions").
By accessing and using this Website, you agree to these Terms and
Conditions. Regarding to Churchill Pryce’s practices and policies
related to the collection, use, and security of our users' information,
please read our Privacy Policy.
Contents:
1. Copyrights
2. Use of Website Content
3. Disclaimers of Warranties
4. Access to and Availability of the Website
5. Responses to Online Requests
6. Prohibited Conduct
7. Governing Law; Jurisdiction
8. Indemnification
9. Entire Agreement
1. Copyrights
All content and functionality on the Website, including text, graphics,
logos, icons, and the selection and arrangement thereof, is the
exclusive property of Churchill Pryce and is protected by The Kingdom
of Thailand copyright and trademark law, international conventions,
and other intellectual property laws. All rights not expressly granted
are reserved.
Some photos in the Website are from Microsoft Design
Gallery Live; a property of Microsoft Corporation who holds a valid
copyright over the photos.
2. Use of Website Content
This Website and all the information it contains, or may in the
future contain, including, but not limited to, articles, memoranda,
bulletins, reports, press releases, opinions, text, directories,
guides, photographs, illustrations, trademarks, trade names, service
marks and logos (collectively, the "Content"), is the
property of Churchill Pryce, and is protected from unauthorized
copying and dissemination by The Kingdom of Thailand copyright and
trademark law, international conventions, and other intellectual
property laws.
Certain of the trademarks and logos displayed on The Website are
owned by third parties. Nothing contained on the Website should
be construed as granting, by implication, estoppel, or otherwise,
any license or right to use the Website or any Content displayed
on the Website, through the use of framing or otherwise, without
the prior written permission of Churchill Pryce or such third party
that may own the trademark or copyright of material displayed on
the Website.
Subject to your full compliance with the Terms and Conditions, Churchill
Pryce authorizes you to view the Content, make a single copy of
it, and print that copy, but only for your own lawful, personal,
noncommercial use, provided that you maintain all copyright, trademark
and other intellectual property notices contained in such Content,
and provided that the Content, or any part thereof, is not modified.
3. Disclaimers of Warranties
THE WEBSITE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS
AVAILABLE" BASIS. NEITHER CHURCHILL PRYCE NOR OUR RESPECTIVE
AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT
TO THE WEBSITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD OR
DISTRIBUTED THROUGH THE WEBSITE.
YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE WEBSITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS
ASSUMED SOLELY BY YOU. NEITHER CHURCHILL PRYCE NOR OUR RESPECTIVE
AGENTS WARRANTS THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE;
NEITHER DOES CHURCHILL PRYCE NOR OUR RESPECTIVE AGENTS MAKE ANY
WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEBSITE
OR THE CONTENT.
UNDER NO CIRCUMSTANCES SHALL CHURCHILL PRYCE NOR OUR RESPECTIVE
PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, PAST
OR PRESENT OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES,
AGENTS, REPRESENTATIVES ATTORNEYS, LICENSORS OR INFORMATION PROVIDERS
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE,
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CHURCHILL PRYCE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS,
WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES
AND REGARDLESS OF THE THEORY OF LIABILITY.
4. Access to and Availability of the Website
The Website may become unavailable to you as a result of maintenance,
malfunction of computer hardware or software, or for other reasons,
and may result in damages to your systems or operations. You shall
be solely responsible for ensuring that any information or content
obtained from The Website does not contain any virus, worm, mole
or other computer software code or subroutine designed to disable,
erase, impair or otherwise damage your systems, software, or data.
5. Responses to Online Requests
From time to time, Churchill Pryce may offer to provide information
or materials via e-mail or otherwise to interested persons. Churchill
Pryce reserves the right, in our absolute discretion, to reject
any requests for such information or materials, or to discontinue
the provision of such information or materials to any person, for
any reason whatsoever.
6. Prohibited Conduct
You may use The Website for lawful purposes only. You may not upload
to, or distribute or otherwise publish through the Website, any
Content that is any of the following:
| • |
is libelous, defamatory,
obscene, pornographic, abusive, harassing or threatening,
or otherwise objectionable to Churchill Pryce in our sole
discretion; |
| • |
contains computer viruses,
worms, moles or other contaminating or destructive elements;
|
| • |
violates the rights of others,
such as Content that infringes any copyright, trademark, patent,
trade secret or violates any right of privacy or publicity;
|
| • |
contains any false or misleading
statement; |
| • |
contains advertising; or |
| • |
otherwise violates any applicable
criminal or civil law. You may not use The Website for any
commercial purpose and may not distribute over The Website
any solicitation of funds, goods and services. In addition,
you may not use The Website to solicit subscribers to join
other online information services that are competitive with
the Website. |
7. Governing
Law; Jurisdiction
The Terms and Conditions are governed by the laws of Thailand without
reference to the principles of conflicts of laws thereof.
8. Indemnification
You hereby agree to indemnify, defend and hold Churchill Pryce,
and all of our predecessors, successors, parents, subsidiaries,
affiliates, and past and present officers, directors, shareholders,
investors, employees, agents, information providers, attorneys,
representatives licensors and information providers (collectively,
the "Churchill Pryce Representatives") harmless from and
against any and all liability, losses, costs and expenses (including
attorneys' fees) incurred by Churchill Pryce or any Churchill Pryce
Representatives in connection with any claim arising out of any
use or alleged use by you of this Website or arising out of or in
relation to any breach by you of the Terms and conditions, or the
representations, warranties and covenants you made by agreeing to
these Terms and Conditions. Churchill Pryce reserves the right,
at our own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, and in
such case, you agree to cooperate reasonably with Churchill Pryce's
defense of such claim.
9. Entire Agreement
The Terms and Conditions constitute the entire agreement between
the parties with respect to the subject matter hereof, and supersede
all previous written or oral agreements between the parties with
respect to such subject matter.
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